LLC's
Need a Written Operating Agreement ===========Question: I am the managing member of an LLC in
New Jersey and have a question concerning other members of the LLC.
Currently I have two members other than myself of my LLC and would
like to know if I would be able to remove them from the members list
without any repercussion from the members. Do I need a written
consent that they acknowledge that they are being taken off or can I
just remove them and notify them of it at a later time? There has
been no signed agreement between me and the other two members
concerning the LLC's practices, division of clients or division of
profits. The other members and myself are not seeing eye to eye and
I would like to take on a new member and remove the other two...is
this possible?
===========Reply: Yours is a typical situation
when people try to form businesses without the appropriate legal
help. Unfortunately, you do not have a written Operating Agreement.
This means that the terms of your LLC agreement are "oral." It does
not mean that you have NO agreement. You can not remove the other
members except under agreed terms or by law. You must contact a
business lawyer immediately! |